What kind of assistance can a criminal defence attorney provide? How can he in principle help in such a complex topic? Let’s consider this topic in detail.
The main positions of the defendants are usually the following:
– I knew nothing, just sat in the car, and here drugs.
– I knew everything and I’m ready to be punished if I’m caught.
– Let’s see if the prosecutor’s office can prove my involvement in the case.
What does drug trafficking mean?
Narcotic substances may be used for medicinal purposes if all the necessary regulations and authorisations are observed. Free circulation of drugs is prohibited.
Without a shred of doubt, the penalties for drug offences are very serious and no joke. Depending on the particular case, the punishment can be either life imprisonment or a suspended sentence.
The most common drug offences:
§ 183 of the Penitentiary Code: criminalisation of drug trafficking in small amounts.
§ 184 of the Penitentiary Code: criminalisation of drug trafficking on a large scale. It also provides for increased criminal liability if the offence was committed in a group of persons or repeatedly.
§ 184 para. 2(1) of the Penitentiary Code: criminal liability for drug trafficking if the offence is committed for a large material gain, i.e. over EUR 40,000.
§ 189 of the Penitentiary Code: preparation for the distribution of narcotic drugs.
In which case will it be considered that the drug trafficking was on a large scale?
Drug trafficking on a large scale is considered if the narcotic substance would be sufficient to intoxicate at least 10 people. Only the pure mass of the drug is considered when analysing the drug.
How is small-scale drug trafficking punished?
If small-scale drug trafficking (i.e. up to 10 drug intoxications) is proven, a person may be fined up to 300 penalty units or arrested. Grounds: Act on Psychotropic and Narcotic Substances and their Precursors § 151. Thus, such an act is considered a misdemeanour and not a crime.
What substances are narcotic substances?
The Law on Psychotropic and Narcotic Substances and their Precursors regulates the issue of narcotic substances. The Minister of Social Affairs establishes the list of narcotic substances by decree.
How does the court determine the punishment for drug trafficking?
In determining the punishment, the court considers factors such as:
– the person’s criminal record
– The quantity of the drug found
– Whether the offence was committed alone or in a group of persons
– The person’s role in the drug trafficking offence
– Duration of the offence
– the amount of proceeds of crime
What is a defence attorney for?
– defence of the rights and interests of the defendant during the pre-trial investigation, during searches, detention in custody
– appealing against court rulings and orders of the prosecutor’s office during the preliminary investigation
– collection of necessary evidence
– formation of defence tactics
– Participation in negotiations at the prosecutor’s office
– Analysis of the criminal case file and defence in court
– appealing against a court judgement
– counselling the defendant at all stages of the case proceedings.
The main tactics of the defence:
– admission of guilt and co-operation with the investigation
– reclassification of the offence
– Verification of surveillance authorisations and their legality, failure of the investigating authority to comply with the basic requirements for the collection of evidence
– failure to prove the offence due to lack of evidence
– obtaining a suspended sentence for the defendant
– termination of the case
Criminal defence attorney
Sworn attorney Ilya Zuev
Advantages:
Specialisation of conducting criminal cases.
Analysis and decision-making on the choice of the line of defence.
Experience as a attorney since 2011.
